1 2025:CGHC:56803 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8604 of 2025 Mohd. Sameem @ Chhota Kala S/o Abdul Hamid Khan Aged About 32 Years R/o Palla, Chowki Narhar, District Nooh (Haryana) ... Applicant versus State Of Chhattisgarh Through District Magistrate, District Kabirdham (C.G.) Through P.S. Kawardha, District Kabirdham (Kawardha) C.G. (Cause Title Completely Not Mentioned In Impugned Order) ... Respondent For Applicant : Shri Vikas Kumar Pandey, Advocate. For Respondent/State : Shri Malay, Jain, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21/11/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.20/2025 registered at Police Station Kawardha, District Kabirdham (Kawardha) (C.G.) for the offence punishable under Sections 303(2) GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.24 11:03:41 +0530 2 read with Section 3(5) of B.N.S. 2. Case of the prosecution, in brief, is that on 13/01/25 the complainant namely Vijay Patel who is a transporter has lodged oral report against the unknown person stating that his driver told him that some persons have made theft of Hyva Truck bearing No.CG-09JS-0443. Thereafter complainant lodged FIR against the unknown person and after investigation police arrested the applicant and other co-accused person. 3. Learned counsel for the applicant submits that the applicant is innocent person and he has been falsely implicated in the present case and there is no connection with the alleged crime. He would submit that the applicant is resident of Haryana and he came here to earn his livelihood by doing labour work. He would submit that on the memorandum of co-accused person the present applicant has been implicated in this case and the theft Hyva has not been seized from possession of applicant. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 23/06/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court and the applicant has one more case registered against. He would submit that no recovery has been made from the present applicant. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case, nature of allegation levelled against the applicant, no recovery has been made from the present applicant, period of detention of the applicant since 23/06/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Mohd. Sameem @ Chhota Kala, involved in Crime No.20/2025 registered at Police Station Kawardha, District Kabirdham (Kawardha) (C.G.) for the offence punishable under Sections 303(2) read with Section 3(5) of B.N.S., be released on bail on his furnishing a personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 4 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri